393
In forceFailure to comply with order concerning discovery
Part 13Discovery and interrogatories
Division 1ADiscovery and inspection of documents
393 Failure to comply with order concerning discovery
A party who fails to comply with an order for discovery or production of documents is liable to attachment.
Service on a party's practitioner of an order for discovery or production of documents is sufficient service to found an application for attachment if the party disobeys the order, but the party may show, in answer to the application, that he or she did not have notice or knowledge of the order.
A practitioner is liable to attachment if – he or she is served with an order for discovery or production of documents; and without reasonable cause he or she fails to give notice of the order to the client.
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